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RoA CoE for a British citizen child born in India

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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vinny
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Re: Right to Abode for Baby born in India for British citize

Post by vinny » Sun Feb 14, 2016 6:48 pm

naveenk wrote:In cover letter, we mentioned as father was naturalized british citizen before child's birth and the child is british by descent.

....

After sending this email, next day I got response saying application is not straightforward, so it might take some more time.
It's surprising that they have said that.

Child is automatically British.
All British citizens have the right of abode.
Child does not have a British passport.

What could be more straightforward then this?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Casa
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Re: Right to Abode for Baby born in India for British citize

Post by Casa » Sun Feb 14, 2016 6:53 pm

We've seen an increasing number of members on the forum receiving a 'not straightforward application' notice. It appears in many cases that this has simply been a delaying tactic due to the Case Workers lagging behind on the processing of applications within published guidelines. In other words, they may well be covering for their inefficiency. :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Sun Feb 14, 2016 7:00 pm

As we have some other members of this forum who had similar problem and were told by chennai office that father should be born in UK. Then they explained their basis and got it approved.

I submitted all of required documents including originals.

Even while filling application form I took Hima suggestion, solicitor suggestion and filled it and it looks perfectly alright.

I sent email with detailed explanation of the basis of my son's claim to ROA.

Don't know what's going on. In some cases, people who got this message of not straightforward case, got their visas done after few days and in some cases it was long wait.

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Casa
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Re: Right to Abode for Baby born in India for British citize

Post by Casa » Sun Feb 14, 2016 7:02 pm

This has been occurring with a wide category of visas.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vinny
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Re: Right to Abode for Baby born in India for British citize

Post by vinny » Sun Feb 14, 2016 7:07 pm

naveenk wrote:were told by chennai office that father should be born in UK.
That's a misconception on their part.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Right to Abode for Baby born in India for British citize

Post by vinny » Sun Feb 14, 2016 7:14 pm

naveenk wrote:When we removed lamination and submitted marriage certificate along with new marriage true extract certificate from registrar, my wife asked VFS guy if she needs to provide any letter explaining this.
How did you remove the lamination? Wasn't it fused to the paper?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Sun Feb 14, 2016 7:19 pm

We used the services of professional delaminator in hyderabad. He removed it without any damage to marriage certificate.
As a safety case, we got a true extract of marriage certificate letter from the registrar also and we submitted it along with the delaminated marriage certificate and VFS said it's ok to submit both.
Hope that shouldn't cause any delay.

vinny
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Re: Right to Abode for Baby born in India for British citize

Post by vinny » Sun Feb 14, 2016 10:15 pm

My guess is that their delay may also be due to their misconception that the father should be born in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Mon Feb 15, 2016 7:45 am

Hi vinny,

That's why I sent an email Chennai Visa Enquiries for British Deputy High Commission explaining the basis of 2006 document no 3145. That's what some other members did in the past. But recently Hima got her baby's approval with a covering letter. Don't know what she put in her covering letter to convinve them.

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Mon Feb 15, 2016 3:24 pm

Hi Hima02,

Could you please share what you mentioned in the cover letter ?
Just want to compare it to see if I missed any specific clauses.

Thanks & Regards,
Naveen.

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Mon Feb 15, 2016 7:34 pm

vinny,
Is there any way to track the latest status of the applicagtion ?

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Mon Feb 15, 2016 10:26 pm

Hi vinny,

Sorry for being redundant query.

1. The cover letter for us prepared by solicitor mentioned 1 marriage certificate.
He told us that laminated marriage certificate won't be accepted.
So we got lamination removed carefully for marriage certificate and also got true extract of marriage document also, VFS said it's OK to submit both of them. True extract is also valid proof of marriage and has registrar sign and stamp and is valid Indian government document.

2. Also in the cover letter prepared by solictor, he didn't mention any bank statements as he felt they are not necessary for ROA application.But VFS asked my wife to submit bank statements also and she gave my last 6 months original bank statements. We didn't gave any payslips/dividend vouchers.We gave only bank statements.

As these 2 things are not mentioned in the cover letter prepared by solictor, could this cause the ECO think it's not a straightforward application ?

Sorry if my questions sound a bit stupid, but as it's a bit panic situation on why these people treat it as not straightforward ?

I'm checking all stuff to see anything wrongly submitted from my side.

Hope some of my queries help other applicants also.

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Tue Feb 16, 2016 3:28 pm

hi guys,

Is there any way to track my son's ROA application ?
Any phone numbers to call and check about the status ?
It's pretty annoying this waiting game :(
Hope they approve it ASAP.

Regards,
Naveen.

shrikant124
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Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Tue Feb 16, 2016 3:39 pm

naveenk wrote:hi guys,

Is there any way to track my son's ROA application ?
Any phone numbers to call and check about the status ?
It's pretty annoying this waiting game :(
Hope they approve it ASAP.

Regards,
Naveen.
Naveen, did you check VFS how an application can be tracked? I think, you need to be bit patient here as visa application always stressful.

I'm applying for my son next Monday and will let you know if I get any useful information with me.

Thanks
Shri

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Tue Feb 16, 2016 3:45 pm

shrikant124,

Thanks for reply.
I had a chat with solictor who prepared my application.
He was not happy when I told him that I submitted bank statements along with the documents he mentioned in cover letter.
He said bank statements not mandatory but VFS guys asked my wife to submit bank statements.
Solicitor saying submitting bank statements might have caused this unnecessary delay as they will check financials.
But I told him many people submitted bank statements with ROA applciation and they got it approved.
As you said, I will be patient.
The worry for me is my wife who is on ILR is out of UK for 16 months and I don't want her ILR to be impacted if she has to stay back for some more time to get my son's ROA done.

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Tue Feb 16, 2016 3:56 pm

shrikant124 wrote:
Naveen, did you check VFS how an application can be tracked?
Yes, their website says only through email and mobile number.
It would have been better if they provided a phone number to contact them.

shrikant124
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Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Tue Feb 16, 2016 4:40 pm

naveenk wrote:shrikant124,

Thanks for reply.
I had a chat with solictor who prepared my application.
He was not happy when I told him that I submitted bank statements along with the documents he mentioned in cover letter.
He said bank statements not mandatory but VFS guys asked my wife to submit bank statements.
Solicitor saying submitting bank statements might have caused this unnecessary delay as they will check financials.
But I told him many people submitted bank statements with ROA applciation and they got it approved.
As you said, I will be patient.
The worry for me is my wife who is on ILR is out of UK for 16 months and I don't want her ILR to be impacted if she has to stay back for some more time to get my son's ROA done.
if the banks statments are not require then case worker won't even look in it. I don't know what other way case worker can see if you can fund your child's trip. As vinny said earlier, Channai office might be short of staff causing this delay.. I'm quite sure you've submitted all required docs and any extra docs won't do any harm

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Tue Feb 16, 2016 7:21 pm

shrikant124,

http://www.webritish.co.uk/UK%20Right%20to%20abode.asp

What supporting documents should I include with my application?
You should include all the documents you can to show that you qualify for right of abode. If you do not we may refuse your application.

As a guide, you should include:

your full birth certificate
your marriage certificate
your parents' marriage certificate
evidence that you are a British citizen, and
evidence that one of your parents is a British citizen other than by descent (for example, by naturalisation, registration or birth) such as a passport, birth certificate or certificate of registration.

shrikant124
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Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Wed Feb 17, 2016 12:27 pm

Thanks Naveen!! I'm attaching all of them.

I'm going to use the following list during ROA process for my son (in future, anyone can refer this list)

Main documents

Son's Passport (Original)
Son's Birth certificate (Original)
Parent marriage certificate (Original)
Father's Naturalization certificate (Original)
Mother's birth certificate (Photocopy) This is entirely optional but attaching as Hima did use it too
Cover letter (from Father & Mother) showing the Act used to claim ROA
Copy of ROA Act
T.B. Certificate (Original)

Passports and document
Father's passport (all pages) (Photocopy)
Mother's passport (all pages) (Photocopy)
Mother's ILR card (both sided) (Photocopy)

Financial documents (from sponsor - father)
Employment letter from office (Original)
Bank statement last 6 months((Photocopy)
Pay slip last 6 months (Photocopy)
P60 last 2 years (Photocopy) this is optional but attached

Residence proof documents

Rental agreement (Photocopy)
Council Tax letter (Photocopy)
TV + Land line bill (Photocopy) this is optional but attached
UK Driving license (Photocopy) this is optional but attached

Medicals and others - this is optional but attached
Mother's pregnancy scans (Photocopy)
Hospital discharge certificate (Photocopy)
Photos (baby shower, hospital and father visit to India)

Tickets to London (just to show applicant is serious for travelling)

I'll keep updating the thread from next Monday on the status.

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Wed Feb 17, 2016 12:50 pm

Hi Hima02, Srikanth, vinny,

Is it mandatory to have flight tickets booked before applying for ROA ?
I mentioned the date of travel as 1st March but haven't booked tickets as I thought of booking them once the ROA is approved.
Could this cause any delay in application processing ?
I can book the tickets now for 1st March but will have to again change the date of travel depending on ROA approval date.
Please let me know.

Regards,
Naveen.

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Wed Feb 17, 2016 12:55 pm

Hi Hima02,

Did you booked flight ticket for your baby before you applied for ROA ?

Regards,
Naveen.

shrikant124
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Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Wed Feb 17, 2016 2:15 pm

naveenk wrote:Hi Hima02, Srikanth, vinny,

Is it mandatory to have flight tickets booked before applying for ROA ?
I mentioned the date of travel as 1st March but haven't booked tickets as I thought of booking them once the ROA is approved.
Could this cause any delay in application processing ?
I can book the tickets now for 1st March but will have to again change the date of travel depending on ROA approval date.
Please let me know.

Regards,
Naveen.
Naveen, VFS discourage people not to book tickets before granting the visa. I've attached because I'd booked and couldn't see any harm attaching to the application. The visa outcome timeline will not be affected if you don't provide to travel tickets.

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Wed Feb 17, 2016 2:25 pm

Hi sri,

Thanks.

I sent an email to Chennai visa enquiries with link to legisltation as basis of for my son's claim to ROA in UK.

http://www.legislation.gov.uk/uksi/2006 ... edule/made

I also gave them national insurance numbers of me and my wife. Thought this might help them quickly check the fiance stuff to avoid asking for documents again.

Hope it gets approved.

Regards,
Naveen.

naveenk
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Wed Feb 17, 2016 2:52 pm

Sorry I mean finance not fiance :)

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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Fri Feb 19, 2016 7:01 am

hi shrikant124,

After sending email with National Insurance numbers and my limited company details and explaining the legislation as basis for my son's ROA, I got an email this morning saying again "Unfortunately, the processing of your application has not been straightforward".

Don't know what is not straightforward for them. Seems it's automatic email they are sending.
I will have to wait again.
I hope there is not a big rush of student visa applications as some members mentioned sometimes due to student visa applications, other categories will be delayed a bit.

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